College Board Class Action Says Student Data Sold

A recent College Board class action accuses the standardized testing authority of selling student information in a deceptive manner.

The College Board is responsible for several important standardized tests taken by high schoolers, including the SAT, PSAT/NMSQT, PSAT 10, PSAT 8/9, and Advanced Placement (AP) exams.

The SAT class action claims that the testing authority misrepresents these tests as able to “significantly impact” students’ college choices. In fact, these tests allegedly serve “a wholly different purpose” – to obtain students’ valuable personal information which would then be sold for profit by the College Board.

According to the SAT testing class action, the College Board deceives students into handing over their personal information by claiming that the data could “[g]uide your counselors in helping you plan your future” and result in better outcomes for college acceptance and financial aid.

These representations reportedly prey on the fears and worries of high school students which convinces them to sign up with the “Student Search Service.”

After the College Board reportedly tricks students into giving their personal information to the Student Search Service, the association sells information for between $0.42 and $0.47 per student. Information sold by the College Board allegedly includes names, birthdates, addresses, email addresses, GPA, gender, ethnicity, citizenship status, and more.

“By obtaining and selling students’ data under false pretenses, defendant College Board has diminished the value of students’ data,” the College Board class action lawsuit claims.

Plaintiff Mark S., on behalf of himself and his minor child A.S., seek to represent a nationwide Class of students who took the College Board’s standardized test and participated in the Student Search Service. He also seeks to represent 34 state-specific subclasses of individuals who took the PSAT 10, the PSAT 8/9, or AP exams. Two other Illinois specific subclasses are also proposed in the College Board class action lawsuit.

The College Board has allegedly admitted to this scheme. During an Illinois Senate legislative hearing in May 2019, a representative for the testing authority testified to the data selling scam. The representative reportedly admitted that the College Board sold student information for $0.45 per name.

Despite these statements, the defendant has denied any of the claims brought in the class action. In a written statement to Law360, the College Board defended their Student Search Service. The association reportedly said that the program “helps launch a student’s future” and that students are able to opt out of the program at any time.

“We work with our partners across Illinois to protect student privacy and to ensure that students are connected to information on post-secondary options and scholarship opportunities that can help reduce the cost of college,” the association said in response to the College Board class action lawsuit.

“We stand ready to work with leaders in Illinois to share how we protect student data and how we use data to connect students to college and scholarship opportunities.”

The College Board has faced other scrutiny regarding its standardized testing practices. Last year, the College Board faced a class action lawsuit after news reports found that the answers were leaked online ahead of testing. 

Did you take standardized tests through the College Board? Let us know in the comment section below!

The plaintiff and proposed Class are represented by Michael Kanovitz and Scott Drury of Loevy & Loevy.

The College Board SAT Testing Class Action Lawsuit is Mark S. v. College Board, Case No. 1:19-cv-08068, in the U.S. District Court for the Northern District of Illinois.

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